Strathfield Council Stallholder Terms & Conditions

ALL STALLHOLDERS

  1. Council will select applications based on merit, suitability and variety.
  2. Submitting an application to participate in the Spring Festival in any capacity is deemed acceptance to these terms and conditions.
  3. Stallholder fees will not be refunded under any circumstances, except at Council’s discretion.
  4. The stallholder acknowledges stallholder bookings are not transferable and no other person or business is permitted to take the original stallholder’s place without written consent from Council.
  5. Council accepts no responsibility for any late or misdirected applications due to technical disruptions, network congestion or for any other reason.
  6. The Stallholder and all associated agents have read, acknowledge and accept the consent and risk waiver.
  7. Stallholders will operate in covered stalls measuring 2.4m x 2.4m that will be provided by Council.
  8. All stallholders must hold current Public Liability Insurance cover for at least $10 million. The policy must be extended to include goods sold. It is the responsibility of all stallholders to arrange Public Liability Insurance to cover any claim arising out of the activities of stallholders. A copy of your Public Liability Insurance must be attached to your application form.
  9. The stallholder is to confine their operations to within the boundary of the stall area and may not move the stall from the allocated site. No operations are permitted outside the allocated stall area.
  10. Strathfield Council WILL NOT provide water to any site, however water will be available from taps.
  11. Strathfield Council may provide power if required for a fee. Stallholders are permitted to bring their own generator.
  12. Stallholders shall not alter the type of merchandise to be sold from the items listed in the application form, without the consent of Strathfield Council.
  13. Council’s decision on stall selection and location is final.
  14. The stallholder acknowledges that the Strathfield Council is moving towards reducing plastic pollution and as such, the use of balloons, plastic bags and plastic straws are prohibited. A Council staff member will be onsite during the event to inspect that stalls are compliant.
  15. The stallholder understands and agrees that Strathfield Council has the right to remove, without refund or recourse, any stallholder who misrepresents themselves or their product.
  16. Signage may be used to identify the stallholder’s products.
  17. It is not permitted for the stallholder to sublet their stall to an outside commercial company or sell food if they are not a food retailer.
  18. Council reserves the right to exclude any group, individual or organisation from participating in the Spring Festival and all decisions are final.
  19. All directions given by Council Event staff must be complied with. Failure to follow directions could lead to immediate exclusion from the Spring Festival. In this even this happens no fees will be refunded and are forfeited.
  20. The stallholder acknowledges and agrees that they will be solely responsible for, and bear all risk associated with, the collection of money at, and the transfer of money to and from the site.
  21. The stallholder acknowledges it is responsible to ensure that all merchandise, packaging and equipment are kept within the specified area and that the area is kept clean and tidy at all times.
  22. The stallholder acknowledges and agrees that it must at all times during the Spring Festival, comply with all laws including any statutes, regulations, ordinance and by-laws now or at any time in force in New South Wales.
  23. Council shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the Spring Festival except for any liability which cannot be excluded by law.
  24. Stallholders must abide by Covid safe requirements as directed by Council. This may include (but is not limited to) social distancing, checking-in, wearing of masks and gloves, and providing hand sanitiser to customers. The final list of requirements will be distributed prior to the event.
  25. Council reserves the right to cancel The Strathfield Spring Festival at any time for any reason including Covid related reasons, which may include but are not limited, Public Health Orders, lockdown/ stay at home orders, capacity restrictions, event restrictions, proximity to exposure sites and active Covid cases, and whether hosting the event is in the best interests of the community. Stallholder fees will be refunded at Council’s discretion.
  26. The stallholder releases Council from all liability for any loss which may occur due to Covid related reasons including low attendance.

 

ACCESS AND TRADING

  1. Stallholders are not permitted to bring their vehicle into Strathfield Park at any time during the event other than the designated times set by Council for loading in and out.
  2. Stallholders must abide by the set up and pack-down rules as stipulated by Strathfield Council.

 

REFUSE AND GARBAGE

  1. Council encourages an ecologically sustainable environment. Stallholders must ensure that all waste is removed at the completion of the Spring Festival and disposed of in an appropriate manner.

FOOD VENDORS

  1. All food stalls must comply with the NSW Food Safety Standards and regulations. Inspections will be made throughout the day to ensure these regulations are adhered to.
  2. All food vendors may be asked to attend a food-handling seminar.
  3. All stalls are subject to an inspection by Council’s Authorised Officers under the NSW Food Act 2003.
  4. All beverages sold at the Spring Festival must be in containers other than glass. No glass items are permitted to be sold.
  5. All goods proposed for sale by the stallholder must be identified. The stallholder acknowledges and agrees that Council reserves the right to ask the stallholder to withdraw any item/s from sale and all decisions are final.
  6. The stallholder must ensure that all food and beverages are prepared and stored in a clean and hygienic manner and that all tools and utensils used to prepare and serve food and beverages are clean and hygienic. Any cooking equipment and other equipment required for the preparation, storage and sale of food and beverages must be provided by the stallholder.
  7. The stallholder must ensure that appropriate fire safety equipment including fire extinguishers and fire blankets are available for the duration of the day.
  8. The stallholder will agree to comply with NSW Food Authority’s Guidelines for food businesses at temporary events.
  9. Stallholders agree that when possible they will use only recyclable packaging and biodegradable containers. No glass (bottles or otherwise) is to be sold.
  10. The use of plastic polystyrene is NOT permitted.
  11. To be eligible for the Sustainability Discount (10%) stallholders must adhere to all of the below:
    1. Takeaway containers must be made from either biodegradable or compostable materials (e.g. paper, wood pulp, plant oils) or postconsumer recycled plastic
    2. No plastic straws to be distributed (paper straws accepted)
    3. Discount is available to customers with reusable cups (e.g. Keep-a-Cup coffee cups)

A Council staff member will be onsite during the event to inspect stalls which have taken up the Sustainability Discount. If your stall is found to not be compliant with the above criteria, you may not be eligible for future discounts. Fines may apply.

 

CONSENT AND RISK WAIVER

I understand and accept that the Spring Festival involves physical activity and that there is an inherent risk of personal injury and that accidents do happen. I also understand and accept the risks of possible injury and harm and physical exertion for which myself may not be prepared, property damage or loss, remoteness to normal medical or emergency services, weather extremes including sudden and unexpected changes, and evacuation difficulties.

Should I suffer an injury or there is an emergency during the event, I authorise Council or persons subject to Council to arrange for medical treatment and/ or evacuation services as Council or persons subject to Council deem necessary this may include Ambulance services.

I agree that any information which I supplied to Council may be provided to medical or emergency staff in the event of an injury, accident or emergency. I also undertake to pay or reimburse any costs which may be incurred for any medical attention, ambulance transport, emergency services or drugs related to myself or child/ward while participating in the Fun Run.

I agree to fully release Council (and their councillors, directors, officers, employees, volunteers, contractors, sponsors or agents) from all liability (to the extent permitted by law) for any loss, injury (whether fatal or otherwise) or damage suffered in relation to my attendance and/or participation in the Spring Festival, however so caused, including but not limited to, any negligence, breach of duty, or other acts or omissions of Council (or their councillors, directors, officers, employees, volunteers, contractors, sponsors or agents).

I agree to allow Council or persons subject to Council to take, print, publish and show photographs, sound and video recordings of myself in relation to the event to be used for Council’s reports and publications including but not limited to internet and promotional materials. I waive the right to receive any compensation or make any claim for the use of such photographs and recordings.

PRIVACY STATEMENT

Council manages privacy and personal information in accordance with relevant legislation and Council’s Privacy Management Plan. Information on how Council handles your personal information is explained in Council’s Privacy Management Plan.

Council collects and stores your personal information in relation to your application and participation in the Spring Festival. You accept the provision of personal information is voluntary but failing to provide all or part of the sought after information may mean Council can not process your entry. Information provided by you may be accessed by government agencies and members of the public in accordance with relevant legislation. Council is to be regarded as the agency that holds the information.

Under the Privacy and Personal Information Protection Act 1998 and the Government Information (Public Access) Act 2009 you can apply to access records of personal information Council holds about you, and then apply to amend or correct personal information.

You can access your personal information by writing to Council’s Privacy Contact Officer at PO Box 120, Strathfield NSW 2135. You can view Council’s Privacy Management Plan by visiting: https://www.strathfield.nsw.gov.au/council/policies-plans-and-regulations/privacy-management/

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